What Happened in the DC Court of Appeals
with the McMillan Case on September 20th? Dear
Friend of McMillan Park,

Last Tuesday, September 20th, was the long-awaited
date to present oral arguments in our case before the DC Court
of Appeals, seeking to right the wrongs done in the zoning and
preservation process concerning McMillan Park. We remain
optimistic, but we must wait for the court's written decision on
this matter that likely will not appear until January 2017 or
so. But out of a desire to share with our supporters who were
unable to attend or watch the proceedings online (and there were
many who were able to join us at the court or view the proceedings
online!), here is a press release we have issued concerning the
court proceedings last Tuesday. We have done our work and of
course hope that the judges will see merit in our presentation,
oral and written, for the sake of some much better planning for the
future of our park. We are hoping that this press release
will be picked up by some in the local media, but we want to
share this with you, too, for all our work depends on your
interest and support.
#### (text of press release)####HISTORIC
PRESERVATION COMMUNITY COMES OUT IN FULL FORCE TO STOP
THE MAYOR FROM DESTROYING MCMILLAN PARKCity Outsources Defense of its
own Zoning, Preservation Decisions

A virtual who’s who of the historic preservation community
in Washington came to support the lawsuit designed to halt the
deeply flawed development plan approved by the Mayor and the City
Council that would lead to the destruction of the historic McMillan
Sand Filtration Plant in Ward 5.

An amicus brief to the lawsuit originally brought by Friends of
McMillan Park was filed jointly by The Committee of 100 on the
Federal City, and the DC Preservation League. The lawsuit was also
joined in part by the McMillan Coalition for Sustainable
Agriculture, and DC for Reasonable Development.. The National Trust
for Historic Preservation, was a party at the administrative
hearings and had also previously submitted public testimony to the
National Capital Planning Commission and Zoning Commission citing
erroneous assertions by the NCPC concerning the obstructed view of
the Capitol from President Lincoln’s Cottage.

“Speaking as a lawyer, it seemed to me that the court expressed
concern about the justifications of the Zoning Commission and the
Mayor’s Agent decisions to move forward with the dense development
of the site,” said Tony Norman, local attorney, founder and
chairman of the McMillan Park Committee, responsible for working to
have the site added to the DC Inventory of Historic Sites.
“The court also raised important concerns about the Zoning
Commission’s failure to address the gentrification impacts of the
project.”

Curiously, the city did not file its own brief in the Court of
Appeals and did not send any of its own lawyers to defend the
decisions of the DC Zoning Commission or the Mayor’s Agent for
Historic Preservation, but instead outsourced this work to the law
firm representing the proposed developer, Vision McMillan
Partners. While this is apparently perfectly legal, does the
city not care enough to defend its own decisions? The outsourced
law firm presumably will send its bill to the city, which has
already paid about one million dollars to this firm under its
exclusive rights agreement to develop the McMillan site..

The case ended up in the District Court of Appeals as a result of a
lawsuit filed by Friends of McMillan Park to challenge the DC
Zoning Commission and the Mayor’s Agent for Historic Preservation
decisions to approve the high density McMillan development plan
even though it ran roughshod over many local historic preservation
and zoning regulations in force.

“I am astounded,” said Mary Pat Rowan, Ward 5 resident, landscape
architect, and Committee of 100 member, “The administration of
Mayor Bowser no longer even pretends that it is something other
than a wholly owned subsidiary of Vision McMillan Partners. You sue
the city, and VMP lawyers—the most expensive in town—defend the
city. And the taxpayer is stuck with the tab. This is not a
government of checks and balances, but a government of bank checks
and bank balances. The people of the city are not only swindled,
but their patrimony is slated for demolition.”

“We didn’t see a single citizen sitting with the lawyers
representing the city’s development at the hearing,” noted Kirby
Vining a director with Friends of McMillan Park, a lead plaintiff
in the case. “By contrast, it was a happier day across the aisle
from the blue suits where over 60 dedicated McMillan supporters
came out to support the fine efforts of lawyers Andrea Ferster and
Jason Klein who made professional, measured and precise points
before the judges to support our case that the zoning and
preservation processes in this case were deeply flawed and should
be thrown out. We don’t know what the court will ultimately decide,
but we do know that in the court of public opinion, we have made a
strong case that resonates with the people.”

12 comments:

1. Tony Norman is not a lawyer. Check DC Bar Association! Lies lies lies!2. Of course DC outsourced to a law firm that knows all about development and zoning. Do DC residents want to win? Yes hence the reason to have a good law firm represent DC’s interests.3. The case ended up in Appeals because FOM lost when the first case was brought against the city. FOM is responsible for the legal fees! Why cause they just can’t accept that this development is moving forward as it should to provide housing, jobs, services and a great 8 acre park, community center, etc.

Well maybe you should get your facts straight! It was two terms and I was elected to an even higher office in the party as Ex-offico and then At-large Committeeman. What were you elected to? What have you done other than terrorize neighbors who support this development and spread lies and misinformation!

Nope not all all! But again what have you DONE!~ NOTHING! I was elected by the people of the entire District...that all the voters in the city! So remind the public what you do, who you are, and what you've done for DC?

Barrie, you were not elected by the "people of the entire District." You lost your ANC seat as an incumbent in a landslide. Then you won an internal Dem party position as the good apparatchik that you are. Then you moved back to Rhode Island. Why are you still polluting our neighborhood blogspot with your yelling, bullying, name-calling and bad grammar?

Wrong again Paul! I was elected At-Large Committeeman in the last election! Once again you don't pay attention or due you due diligence. What have you done Paul other than terrorizing the majority of folks who support this development?

Well Paul wrong again DC has a public election on the ballot! It doesn't happen in some back room! Which means almost every voter in DC! Oh that's nice for you! I like to provide public services to help my nieghbors get more out of thier government! Which decided 30 years ago to develop this site long. Score either you or I lived thier! Unlike you my family lived in Bloomingdale in the 70-80s. And I believe this is a good thing for everyone in DC, and because of the tactics of your crew, I have had to defend those folks! That's what I do!